Legal Question in Landlord & Tenant Law in Missouri

no lease, city condeemed house, mold, and unsafe, !

I rented since fe 17 2001. A lease for 1 year never renewed. landlord never came in this time but once, last year , had a insurance ajuster walk through, House had mushrooms growing on trim out side, black moldy drywall inside in bathroom , 6 inch sag in roof, we let the city inspector walk through befor giving it up, they sayed every code and vilation was broke, we stop paying rent to come up with enough money to move out, there taking ud to court for back rent, I payed 900 a month , If i was late in april they charges me 100 late fee, and every month after that, even If I wasnt late on other month, it does not state this in lease,it states only for that month, is that legal?? to keep charging me every month?? My whole family has been sick I think due to the mold enviroment, I had nose surgry because I got so sick the inside of my nose stop working,my grandbaby was put on nebulizer, he was always with respitory sickness,and foot appers abnormal. my daughter always sick with head aches and breathin issues, same with me, my musles hurt they dont know why, went through thearpy for that.I think they are responsible for are health condition, what can we do,trying to locate lawyer that handles this type of case, Any suggestion??


Asked on 8/19/04, 7:31 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: no lease, city condeemed house, mold, and unsafe, !

You need to look at your original lease. If it is silent as to renewal, the law assumes that you have converted it to a month-to-month rental agreement, with the terms of the prior agreement. If the prior agreement talks about the figuring of late fees, than that will answer the question.

If the agreement does not speak about the late fee figuring, and probably if it does too, the landlord seems to have the correct figures.

For example if you do not pay January rent of $900, and do pay in February, You are deemed to have paid your January rent a month late, and have not yet paid the January late payment or your February rent. Then, if you do not right away pay another rent payment, you are late on your February rent, and this goes on until you get caught up all in one month.

Tenants generally lose in court. But, where there is no longer a lease agreement, and you are no longer living there, the odds even out. It is up to the Landlord to prove that you lived there past the time you stopped paying rent. If the building was condemned by then most judges will not give a judgment for the property without reliable evidence that you were still inhabiting the building.

You may benefit from having an attorney handle this for you for a couple hundred bucks.

Good Lcuk,

Tony Smith

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Answered on 8/30/04, 5:23 pm


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